he's a former top official in the george w. bush administration. sitting on the federal appeals court in d.c. right now, he actually clerked for justice anthony kennedy back in the day. so perhaps that's a leg up. judge diane sykes is a popular conservative on the federal appeals court in milwaukee. so she is a choice too, especially, say, if justice ruth bader ginsburg, one of the liberals were to retire. sykes would probably be a leading candidate. and also have to mention paul clement. this is a really well known lawyer who actually served as the united states solicitor general. and argues a lot of big cases before the court including the health care case. i heard him speak here in washington, d.c. not too long ago. he's a very sharp guy. so a lot of choices there for mitt romney if he gets the job. and assuming somebody steps down, you know, they don't have to step down. >> i know. if you have three potential octogenarians, you have to think who might fit the bill. >>> the surviving d.c. sniper is speaking out in this rare interview from behind